Los Angeles daily herald., 1887-07-29
ELAM'S TEMPER.
The Prosecution Thinks
He Was Mild.
THE TESTIMONY CLOSED.
And the Case to Be Argued and
Finally Submitted
To-day.
He TESTIMONY CLOSED.

hours the prosecution did not succeed
in impeaching his testimony to the
slightest extent.
AFTERNOON SESSION.
Court met again at 2 O'Clock, and
Bodkin, the defendant. was recalled
and testified, as follows, under cross
examination After the compromise
between Elan and myself he never
quit trespassing on my premises. The
day of the shooting, when l went out
and first observed Elan there was
muscular action in his face,
changing it from the normal,
pleasant state, to an angry, excited
appearance. Bodkin then related the
circumstances of the shooting substan-
TALLY as testified to in the direct ex-
animation. The prosecution offered a
letter written to Mr.. Morton in which
defendant said 81 killed that man in
defending my rights in our dooryard
when he came to assault me-" and
asked the witness if he had written it..
He replied that he had and Mr.. White
stated that he was willing to stipulate
that the witness had written the para
graph referred to.
George w. Knox was called by the
defense and in response to a question
by Mr.. White witness admitted that
has the misfortune to be member OF
the legislature. The Court cautioned
counsel that he is not allowed to
impeach his own witness. Continu-
ing, the witness said that at one
time he was Assistant District Attor-
ney. That Bodkin called upon him and
wanted to have neighber placed under
bonds to keep the peace. After going
over the facts OF the case, told him
that inasmuch as he had no witnesses
who ever saw Mr.. Elam make any
threats it would be insufficient
for any court to put the
man under bonds. He told me that
Elam never abused him except when
they were alone. He asked Inc to
give him authority to arm himself. He
said that the law was at fault. He
asked me what l should do if 1
were in like position. l told him
that would arm myself and protect
myself even to the extent of killing
the one who offered violence. l then
stated. fearing that he might miscon-
strue my remarks, that killing was
only justifable as last resort.
Mr.. Harmon was next called. Have
known Bodkin for number of years.
Never heard his reputation for peace
and quietness discussed. Have had
Intercourse with all my neighbors and
am familiar with their sentiments.
Johnny Bodkin, the ten year old
boy of the defendant was next called
Remember the day Elam was killed.
] was taking down a cow. l did not
talk to Mr.. Elam, or call him
any names. Elan said, "you -
will go over to the
house and thrash you and your father
too" Mr.. Elan frequently abused
me. l used to 60 to school-the Olive
school. l used to go along the bank
of the ditch. 1t was not the best way
but if l went any other way was
afraid of meeting Elan and that he
would hurt me. The little witness ad-
mitted that when before the Coroner
his mother had told him not to testify
to anything and that he obeyed her.
BY stipulation letter W.. s read from
City Attorney DAILY, stating that he
had to go to San Francisco on busi-
ness and could not be present. He,
however, stated that Bodkin had con-
suited with him relative to binding
Elan to keep the peace.
An affidavit from W. ID. Ward, editor
of the Orange Tribune stating that Elan
was a regular subscriber was read
In this communication the defense
offered in evidence personal" from
the paper, dated October 22d, 1886
stating that ~. j. Bodkin will remove
his family to Pomona in the neal
future. Mr.. White stated that he
offered the persona for the pur'
pose of showing that Elam was cog.
infant of the fact that Bodkin was
about to move away.
The defense closed at this point and
the prosecution opened in rebuttal.
Mrs. Bodkin, wife of the defendant
was recalled. The morning after the
shooting, when some persons were
out examining this ground where Elan
fell, l did not point out the place
where he dropped.
Miss Viola Elan called: During
July, 1886, did see a portion of Mr..
Bodkin's fence down. Saw horse
knock post down. Don't know Just
when it happened. 1t was Mr.. Elam' s
horse that did it, and l went down
and told my brother of it, and he
came up and tied the animal. My
sister and myself were not afraid Of
my brother. He was not man of
violent temper. He was very kind to
us. After he died his boots were put
away in a box. Witness was here
shown a pair, which she recognized as
belonging to deceased. Remember
seeing the boots the day he was shot.
There were no other boots around
the premises belonging to Elan.
These boots (pointing) were the ones
Elam wore long time before and up
to the time he was killed. The Bod
kin children were over to our house
the Sunday before the killing. Mrs.
Bodkin called at our house. l was
there but my sister was at Santa
Ana.
George w. Ffensen was next called
Live near Orange. Never seen Elan
and Bodkin together. Never thought
that Elam had violent temper. !
worked with him, and he hardly
ever swore. Witness admitted
in response to question by Mr.. White
that Elam was always sweet tempered
in his presence.
John w. Miller was next called
Saw Elam's boots at the house shortly
after the shooting. Recognize these
as his. Never heard Elam use pro
fame language.
John w. Miller was next called
Saw Mr.. Elam go over to Mr.. Bodkin's
one day when he was cultivating
Elan was on horseback, but did moi
try to ride over Bodkin. was about
100 yards away. Knew Elan well.
He had not violent nor hot temper,
nor was he profane. | saw him fire.
rsuonfIv Witnasa admiftad that Ea